Flexibility Arrangements. 10.1 The Employer and an Employee may agree to make an individual flexibility arrangement to vary a term of the Agreement if the arrangement: (a) only varies the effect of (i) clause 47 Parental Leave (ii) clause 44 Compassionate Leave (iii) clause 46 Jury Service (b) meets the genuine needs of the Employer and Employee in relation to the matter mentioned in clause 10.1 (a) above: (i) is genuinely agreed to by the Employer and Employee; and (ii) is not inconsistent with section 55 of the Fair Work Act. 10.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act; (b) are not unlawful terms under section 194 of the Fair Work Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 10.3 The Employer must ensure that the terms of the individual flexibility arrangement: (a) is in writing; (b) includes the name of the Employer and the Employee; (c) is signed by the Employer and the Employee (if the Employee is under the age of 18, signed by a parent or guardian of the Employee; (d) includes details of: (i) the terms of this Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; (iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (iv) states the day on which the arrangement commences. 10.4 The Employer must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days. 10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative. 10.6 The Employer or Employee may terminate the individual flexibility arrangement by giving not more than twenty-eight (28) days’ written notice to the other Party to the arrangement; or if the Employer and Employee agree in writing at any time.
Appears in 61 contracts
Samples: Subcontractors Formwork Enterprise Agreement, Enterprise Agreement, Subcontractors Enterprise Agreement
Flexibility Arrangements. 10.1 The Employer and an Employee may agree to make an individual flexibility arrangement to vary a term of the Agreement if the arrangement:
(a) only varies the effect of
(i) clause 47 46 Parental Leave
(ii) clause 44 43 Compassionate Leave
(iii) clause 46 45 Jury Service
(b) meets the genuine needs of the Employer and Employee in relation to the matter mentioned in clause 10.1
(a) above:
(i) is genuinely agreed to by the Employer and Employee; and
(ii) is not inconsistent with section 55 of the Fair Work Act.
10.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act;
(b) are not unlawful terms under section 194 of the Fair Work Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) is in writing;
(b) includes the name of the Employer and the Employee;
(c) is signed by the Employer and the Employee (if the Employee is under the age of 18, signed by a parent or guardian of the Employee;
(d) includes details of:
(i) the terms of this Agreement that will be varied by the arrangement;
(ii) how the arrangement will vary the effect of the terms;
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(iv) states the day on which the arrangement commences.
10.4 The Employer must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 The Employer or Employee may terminate the individual flexibility arrangement by giving not more than twenty-eight (28) days’ written notice to the other Party to the arrangement; or if the Employer and Employee agree in writing at any time.
Appears in 18 contracts
Samples: Subcontractors Rigger/Steel Erector Enterprise Agreement, Subcontractors Rigger/Steel Erector Enterprise Agreement, Subcontractors Steelfixing Enterprise Agreement
Flexibility Arrangements. 10.1 The Employer and an Employee may agree to make an individual flexibility arrangement to vary a term of the Agreement if the arrangement:
(a) only varies the effect of
(i) clause 47 Clause 44 Parental Leave
(ii) clause 44 Clause 41 Compassionate Leave
(iii) clause 46 Clause 43 Jury Service
(b) meets the genuine needs of the Employer and Employee in relation to the matter mentioned in clause 10.1
(a) above:
(i) is genuinely agreed to by the Employer and Employee; and
(ii) is not inconsistent with section 55 of the Fair Work Act.
10.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act;
(b) are not unlawful terms under section 194 of the Fair Work Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) is in writing;
(b) includes the name of the Employer and the Employee;
(c) is signed by the Employer and the Employee (if the Employee is under the age of 18, signed by a parent or guardian of the Employee;
(d) includes details of:
(i) the terms of this Agreement that will be varied by the arrangement;
(ii) how the arrangement will vary the effect of the terms;
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(iv) states the day on which the arrangement commences.
10.4 The Employer must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements agreements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 The Employer or Employee may terminate the individual flexibility arrangement by giving not more than twenty-eight (28) 28 days’ written notice to the other Party to the arrangement; or if the Employer and Employee agree in writing at any time.
Appears in 8 contracts
Samples: Mobile Crane Hiring Industry Enterprise Agreement, Mobile Crane Hiring Industry Enterprise Agreement, Mobile Crane Hiring Industry Enterprise Agreement
Flexibility Arrangements. 10.1 The (a) An Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary a term the effect of terms of the Agreement if the arrangementif:
(a) only varies the effect of
(i) clause 47 Parental Leavethe agreement deals with one (1) or more of the following matters:
(1) arrangements about when work is performed;
(2) overtime rates;
(3) penalty rates;
(4) allowances;
(5) leave loading; and
(ii) clause 44 Compassionate Leave
(iii) clause 46 Jury Service
(b) the arrangement meets the genuine needs of the Employer and Employee in relation to one (1) or more of the matter matters mentioned in clause 10.1subclause 51(a)(i); and
(aiii) above:
(i) the arrangement is genuinely agreed to by the Employer and Employee; and.
(iib) is not inconsistent with section 55 of the Fair Work Act.
10.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(ai) are about permitted matters under section 172 of the Fair Work Act;
(bii) are not unlawful terms under section 194 of the Fair Work Act; and
(ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 (c) The Employer must ensure that the terms of the individual flexibility arrangement:
(ai) is in writing;
(bii) includes the name of the Employer and the Employee;
(ciii) is signed by the Employer and the Employee (and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;
(div) includes details of:
(i1) the terms of this the Agreement that will be varied by the arrangement;
(ii2) how the arrangement will vary the effect of the terms;; and
(iii3) how the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(ivv) states the day on which the arrangement commences.
10.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 (e) The Employer or Employee may terminate the individual flexibility arrangement arrangement:
(i) by giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or or
(ii) if the Employer and Employee agree in writing — at any time.
Appears in 2 contracts
Samples: Health Professionals Enterprise Agreement, Enterprise Agreement
Flexibility Arrangements. 10.1 The Employer and an Employee may agree to make an individual flexibility arrangement to vary a term of the Agreement if the arrangement:
(a) only varies the effect of
(i) clause 47 Parental Leave
(ii) clause 44 Compassionate Leave
(iii) clause 46 Jury Service
(b) meets the genuine needs of the Employer and Employee in relation to the matter mentioned in clause 10.1
(a) above:
(i) is genuinely agreed to by the Employer and Employee; and
(ii) is not inconsistent with section 55 of the Fair Work Act.
10.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act;
(b) are not unlawful terms under section 194 of the Fair Work Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) is in writing;
(b) includes the name of the Employer and the Employee;
(c) is signed by the Employer and the Employee (if the Employee is under the age of 18, signed by a parent or guardian of the Employee;
(d) includes details of:
(i) the terms of this Agreement that will be varied by the arrangement;
(ii) how the arrangement will vary the effect of the terms;
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(iv) states the day on which the arrangement commences.
10.4 The Employer must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 The Employer or Employee may terminate the individual flexibility arrangement by giving not more than twenty-eight (28) days’ days written notice to the other Party to the arrangement; or if the Employer and Employee agree in writing at any time.
Appears in 2 contracts
Samples: Subcontractors Concrete Placement Enterprise Agreement, Subcontractors Carpentry & Joinery Enterprise Agreement
Flexibility Arrangements. 10.1 The Employer 33.1 This Agreement adopts the model flexibility arrangements and an will deal in good faith with any Employee who wishes to utilise the provisions.
33.2 An employer and Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary a term the effect of terms of the Agreement if the arrangementif:
(a) only varies the effect ofAgreement deals with 1 or more of the following matters:
(i) clause 47 Parental Leavearrangements about when work is performed;
(ii) clause 44 Compassionate Leaveovertime rates;
(iii) clause 46 Jury Servicepenalty rates;
(iv) allowances;
(v) leave loading;
(vi) Rostered Days Off; and
(b) the arrangement meets the genuine needs of the Employer employer and Employee in relation to 1 or more of the matter matters mentioned in clause 10.1paragraph (a); and
(ac) above:
(i) the arrangement is genuinely agreed to by the Employer employer and Employee; and
(ii) is not inconsistent with section 55 of the Fair Work Act.
10.2 33.3 The Employer employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act;Act 2009; and
(b) are not unlawful terms under section 194 of the Fair Work ActAct 2009; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 33.4 The Employer employer must ensure that the terms of the individual flexibility arrangement:
(a) is in writing;; and
(b) includes the name of the Employer employer and the Employee;; and
(c) is signed by the Employer employer and the Employee (and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;; and
(d) includes details of:
(i) the terms of this Agreement the enterprise agreement that will be varied by the arrangement;; and
(ii) how the arrangement will vary the effect of the terms;; and
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(ive) states the day on which the arrangement commences.
10.4 33.5 The Employer employer must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 33.6 The Employer employer or Employee may terminate the individual flexibility arrangement arrangement:
(a) by giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or or
(b) if the Employer employer and Employee agree in writing - at any time.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Flexibility Arrangements. 10.1 The (a) An Employer and an Employee covered by the Agreement may agree to make an individual flexibility arrangement to vary a term the effect of terms of the Agreement if the arrangementif:
(a) only varies the effect of
(i) clause 47 Parental Leavethe Agreement deals with one or more of the following matters:
(A) arrangements about when work is performed;
(B) allowances;
(C) leave loading.
(ii) clause 44 Compassionate Leave
(iii) clause 46 Jury Service
(b) the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matter matters mentioned in clause 10.1paragraph 6(a); and
(aiii) above:
(i) the arrangement is genuinely agreed to by the Employer and Employee; and.
(iib) is not inconsistent with section 55 of the Fair Work Act.
10.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(ai) are about permitted matters under section 172 of the Fair Work Act;
(bii) are not unlawful terms under section 194 of the Fair Work Act; and
(ciii) result in the Employee being better off overall than the Employee would be have been if no arrangement was made.
10.3 (c) The Employer must ensure that the terms of the individual flexibility arrangement:
(ai) is in writing;; and
(bii) includes the name of the Employer and the Employee;; and
(ciii) is signed by the Employer and the Employee (and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;; and
(div) includes details of:
(iA) the terms of this the Agreement that will be varied by the arrangement;
(iiB) how the arrangement will vary the effect of the terms;; and
(iiiC) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; , and
(ivv) states the day on which the arrangement commences.
10.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within fourteen (14) daysdays after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 (e) The Employer or Employee may terminate the individual flexibility arrangement arrangement:
(i) by giving not no more than twenty-eight (28) days’ days of written notice to the other Party party to the arrangement; or or
(ii) if the Employer and Employee agree in writing – at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Flexibility Arrangements. 10.1 The Employer and an Employee may agree to make an individual flexibility arrangement to vary a term of the Agreement if the arrangement:
(a) only varies the effect of
(i) clause 47 46 Parental Leave
(ii) clause 44 43 Compassionate Leave
(iii) clause 46 45 Jury Service
(b) meets the genuine needs of the Employer and Employee in relation to the matter mentioned in clause 10.1
(a) above:
(i) is genuinely agreed to by the Employer and Employee; and
(ii) is not inconsistent with section 55 of the Fair Work Act.
10.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act;
(b) are not unlawful terms under section 194 of the Fair Work Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) is in writing;
(b) includes the name of the Employer and the Employee;
(c) is signed by the Employer and the Employee (if the Employee is under the age of 18, signed by a parent or guardian of the Employee;
(d) includes details of:
(i) the terms of this Agreement that will be varied by the arrangement;
(ii) how the arrangement will vary the effect of the terms;
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(iv) states the day on which the arrangement commences.
10.4 The Employer must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 The Employer or Employee may terminate the individual flexibility arrangement by giving not more than twenty-eight (28) days’ days written notice to the other Party to the arrangement; or if the Employer and Employee agree in writing at any time.
Appears in 1 contract
Samples: Subcontractors Concrete Kerb, Channel & Pavement Enterprise Agreement 2024 2027
Flexibility Arrangements. 10.1 (a) The Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary a term the effect of terms of the Agreement if the arrangementagreement if:
(a) only varies the effect of
(i) clause 47 Parental Leavethe arrangement deals with one or more of the following matters:
(1) arrangements about when work is performed;
(2) overtime rates;
(3) penalty rates;
(4) allowances;
(5) leave loading; and
(ii) clause 44 Compassionate Leave
(iii) clause 46 Jury Service
(b) the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matter matters mentioned in clause 10.1
(a) above:
paragraph (i) is genuinely agreed to by the Employer and Employee); and
(iiiii) is not inconsistent with section 55 of the Fair Work ActEmployer and the individual Employee must have genuinely made the agreement without coercion or duress.
10.2 (b) The Employer must ensure that the terms of the individual flexibility arrangement:
(ai) are about permitted matters under section 172 of the Fair Work Act;Xxx 0000; and
(bii) are not unlawful terms under section 194 of the Fair Work ActXxx 0000; and
(ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 (c) The Employer must ensure that the terms of the individual flexibility arrangement:
(ai) is in writing;; and
(bii) includes the name of the Employer and the Employee;; and
(ciii) is signed by the Employer and the Employee (and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;; and
(div) includes details of:
(i1) the terms of this the Agreement that will be varied by the arrangement;; and
(ii2) how the arrangement will vary the effect of the terms;; and
(iii3) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(ivv) states the day on which the arrangement commences.
10.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 (e) The Employer or Employee may terminate the individual flexibility arrangement arrangement:
(i) by giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or or
(ii) if the Employer and Employee agree in writing — at any time.
Appears in 1 contract
Flexibility Arrangements. 10.1 (a) The Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary a term the effect of the terms of this Agreement subject if the arrangement:
(ai) only varies Deals with 1 or more of the effect offollowing matters:
(i1) clause 47 Parental LeaveArrangement about when work is performed;
(2) Overtime rates;
(3) Penalty rates;
(4) Allowances;
(5) Leave loading; and
(ii) clause 44 Compassionate Leave
(iii) clause 46 Jury Service
(b) meets Meets the genuine needs of the Employer and Employee in relation to one (1) or more of the matter mentioned matters in clause 10.1subclause 53(a)(i); and
(aiii) above:
(i) is Is genuinely agreed to by the Employer and Employee; and.
(iib) is not inconsistent with section 55 of the Fair Work Act.
10.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(ai) are Are about permitted matters under section 172 of the Fair Work Act;
(bii) are Are not unlawful terms under section 194 of the Fair Work Act; and
(ciii) result Result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 (c) The Employer must ensure that the terms of the individual flexibility arrangement:
(ai) is Is in writing;
(bii) includes Includes the name names of the Employer and the Employee;
(ciii) is Is signed by the Employer and the Employee (and, if the Employee is under the age 18 years of 18age, signed by a the Employee’s parent or guardian of the Employee;guardian; and
(div) includes Includes details of:
(i1) the The terms of this the Agreement that will be varied by the arrangement;; and
(ii2) how How the arrangement will vary the effect of the terms;; and
(iii3) how How the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(ivv) states States the day on which the arrangement commences.
10.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 (e) The Employer or Employee may terminate the individual flexibility arrangement by arrangement:
(i) By giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or if or
(ii) If the Employer and Employee parties agree in writing – at any time.
(f) The relevant Employee may appoint a representative for the purposes of the procedures in this term.
Appears in 1 contract
Samples: Enterprise Agreement
Flexibility Arrangements. 10.1 The Employer 4.5.1 A Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary a term the effect of terms of the Agreement if the arrangementif:
(a) only varies The Agreement deals with 1 or more of the effect offollowing matters;
(i) clause 47 Parental Leavei. Arrangements about when work is performed;
(ii) clause 44 Compassionate Leave. Overtime rates;
(iii) clause 46 Jury Service. Penalty rates;
iv. Allowances;
v. Leave loading; and
(b) The arrangement meets the genuine needs of the Employer Company and Employee in relation to 1 or more of the matter matters mentioned in clause 10.1
(a) above:
(i) is genuinely agreed to by the Employer and EmployeeClause 1(a); and
(iic) is not inconsistent with section 55 of The Company and the Fair Work ActEmployee genuinely agree to the arrangement.
10.2 4.5.2 The Employer Company must ensure that the terms of the individual flexibility arrangement:
(a) are Are about permitted matters under section 172 of the Fair Work Act;Act 2009; and
(b) are Are not unlawful terms under section 194 of the Fair Work ActAct 2009; and
(c) result Result in the Employee being better off overall than the Employee would be if no arrangement was had been made.
10.3 4.5.3 The Employer Company must ensure that the terms of the individual flexibility arrangement:
(a) is Is in writing;; and
(b) includes Includes the name of the Employer employer and the Employee;employee; and
(c) is Is signed by the Employer Company and the Employee (and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;; and
(d) includes Includes details of:
(ie) the The terms of this Agreement that will be varied by the arrangement;
(iif) how How the arrangement will vary the effect of the terms;; and
(iiig) how How the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(ivh) states States the day on which the arrangement commences.
10.4 4.5.4 The Employer Company must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 4.5.5 The Employer Company or Employee may terminate the individual flexibility arrangement arrangement;
(a) by giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or or
(b) if the Employer Company and Employee agree in writing – at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Flexibility Arrangements. 10.1 The Employer 7.1 An Employee and an Employee Xxxxxx may agree to make an individual flexibility arrangement to vary a term the effect of the terms of this Agreement if the arrangementif:
(a) only varies the effect ofAgreement deals with 1 or more of the following matters:
(i) clause 47 Parental Leavearrangements about when work is performed;
(ii) clause 44 Compassionate Leaveovertime rates;
(iii) clause 46 Jury Servicepenalty rates;
(iv) allowances;
(v) leave loading; and
(b) the arrangement meets the genuine needs of Xxxxxx and the Employer and Employee in relation to one or more of the matter matters mentioned in clause 10.1paragraph (a); and
(ac) above:
(i) the arrangement is genuinely agreed to by Xxxxxx and the Employer and Employee; and
(ii) is not inconsistent with section 55 of the Fair Work ActEmployee without coercion or duress.
10.2 The Employer 7.2 Xxxxxx must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act;Act ; and
(b) are not unlawful terms under section 194 of the Fair Work ActAct ; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 The Employer 7.3 Xxxxxx must ensure that the terms of the individual flexibility arrangement:
(a) is in writing;writing (Xxxxxx will endeavour to provide translation of the arrangement into an appropriate language, if requested); and
(b) includes the name of the Employer Employee and the Employee;Xxxxxx; and
(c) is signed by the Employer Xxxxxx and the Employee (Employee, and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;; and
(d) includes details of:
(i) the terms of this Agreement that will be varied by the arrangement;; and
(ii) how the arrangement will vary the effect of the terms;; and
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(ive) states the day on which the arrangement commences.
10.4 The Employer 7.4 Xxxxxx must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by 7.5 Xxxxxx or the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 The Employer or Employee may terminate the individual flexibility arrangement arrangement:
(a) by giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or or
(b) if Xxxxxx and the Employer and Employee agree in writing writing--at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Flexibility Arrangements. 10.1 The Employer 4.6.1 A Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary a term the effect of the terms of the Agreement if the arrangementif:
(a) only varies The Agreement deals with 1 or more of the effect offollowing matters:
(i) clause 47 Parental LeaveArrangements about when work is performed;
(ii) clause 44 Compassionate LeaveOvertime rates;
(iii) clause 46 Jury ServicePenalty rates;
(iv) Allowances;
(v) Leave loading; and
(b) The arrangement meets the genuine needs of the Employer Company and Employee in relation to 1 or more of the matter matters mentioned in clause 10.1Clause 4.6.1(a); and
(ac) above:
(i) The arrangement is genuinely agreed to by the Employer Company and the Employee; and
(ii) is not inconsistent with section 55 of the Fair Work Act.
10.2 4.6.2 The Employer Company must ensure that the terms of the individual flexibility arrangement:
(a) are Are about permitted matters under section 172 of the Fair Work FW Act;; and
(b) are Are not unlawful terms under section 194 of the Fair Work FW Act; and
(c) result Result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 4.6.3 The Employer Company must ensure that the terms of the individual flexibility arrangement:
(a) is Is in writing;; and
(b) includes Includes the name of the Employer Company and the Employee;; and
(c) is Is signed by the Employer Company and the Employee (and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;; and
(d) includes Includes details of:
(i) the The terms of this Agreement that will be varied by the arrangement;; and
(ii) how How the arrangement will vary the effect of the terms;; and
(iii) how How the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(ive) states States the day on which the arrangement commences.. Kilmac Civil Pty Ltd Enterprise Agreement 2023-2026
10.4 4.6.4 The Employer Company must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 4.6.5 The Employer Company or Employee may terminate the individual flexibility arrangement arrangement;
(a) by giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or or
(b) if the Employer Company and Employee agree in writing to the termination - at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Flexibility Arrangements. 10.1 The (a) An Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary a term the effect of terms of the Agreement if the arrangementif:
(a) only varies the effect of
(i) clause 47 Parental Leavethe agreement deals with one (1) or more of the following matters:
(1) arrangements about when work is performed;
(2) overtime rates;
(3) penalty rates;
(4) allowances;
(5) leave loading; and
(ii) clause 44 Compassionate Leave
(iii) clause 46 Jury Service
(b) the arrangement meets the genuine needs of the Employer and Employee in relation to one (1) or more of the matter matters mentioned in clause 10.1
(a) above:
(i) is genuinely agreed to by the Employer and Employeesubclause 45(a)(i); and
(iiiii) is not inconsistent with section 55 of the Fair Work ActEmployer and the individual Employee must have genuinely made the agreement without coercion or duress.
10.2 (b) The Employer must ensure that the terms of the individual flexibility arrangement:
(ai) are about permitted matters under section 172 of the Fair Work Act;
(bii) are not unlawful terms under section 194 of the Fair Work Act; and
(ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 (c) The Employer must ensure that the terms of the individual flexibility arrangement:
(ai) is in writing;
(bii) includes the name of the Employer and the Employee;
(ciii) is signed by the Employer and the Employee (and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;
(div) includes details of:
(i1) the terms of this the Agreement that will be varied by the arrangement;
(ii2) how the arrangement will vary the effect of the terms;; and
(iii3) how the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(ivv) states the day on which the arrangement commences.
10.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 (e) The Employer or Employee may terminate the individual flexibility arrangement arrangement:
(i) by giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or or
(ii) if the Employer and Employee agree in writing — at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Flexibility Arrangements. 10.1 The Employer and an Employee may agree to make an individual flexibility arrangement to vary a term of the Agreement if the arrangement:
(a) only varies the effect of
(i) clause 47 Parental Leave
(ii) clause 44 Compassionate Leave
(iii) clause 46 Jury Service
(b) meets the genuine needs of the Employer and Employee in relation to the matter mentioned in clause 10.1
(a) above:
(i) is genuinely agreed to by the Employer and Employee; and
(ii) is not inconsistent with section 55 of the Fair Work Act.
10.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act;
(b) are not unlawful terms under section 194 of the Fair Work Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) is in writing;
(b) includes the name of the Employer and the Employee;
(c) is signed by the Employer and the Employee (if the Employee is under the age of 18, signed by a parent or guardian of the Employee;
(d) includes details of:
(i) the terms of this Agreement that will be varied by the arrangement;
(ii) how the arrangement will vary the effect of the terms;
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(iv) states the day on which the arrangement commences.
10.4 The Employer must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 The Employer or Employee may terminate the individual flexibility arrangement by giving not more than twenty-eight (28) days’ written notice to the other Party to the arrangement; or if the Employer and Employee agree in writing at any time.
(i) any party to the dispute (or its representative) may, within 14 days after the date of the Decision, have the Decision reviewed by the FWC, in which case Step 3 below applies;
(ii) if no party refers the Decision for review within the period stated in clause 11.3(d)(i) above, that Decision will be final and binding on the parties to the dispute.
Appears in 1 contract
Flexibility Arrangements. 10.1 (a) The Employer and an Employee Employees covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary a term the effect of terms of the Agreement if the arrangementagreement if:
(a) only varies the effect of
(i) clause 47 Parental Leavethe agreement deals with 1 or more of the following matters:
(1) arrangements about when work is performed;
(2) overtime rates;
(3) penalty rates;
(4) allowances;
(5) leave loading; and
(ii) clause 44 Compassionate Leave
(iii) clause 46 Jury Service
(b) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matter matters mentioned in clause 10.1
(a) above:
paragraph (i) is genuinely agreed to by the Employer and Employee); and
(iiiii) is not inconsistent with section 55 of The Employer and the Fair Work Actindividual Employee must have genuinely made the agreement without coercion or duress.
10.2 (b) The Employer must ensure that the terms of the individual flexibility arrangement:
(ai) are about permitted matters under section 172 of the Fair Work Act;; and
(bii) are not unlawful terms under section 194 of the Fair Work Act; and
(ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 (c) The Employer must ensure that the terms of the individual flexibility arrangement:
(ai) is in writing;; and
(bii) includes the name of the Employer and the Employee;; and
(ciii) is signed by the Employer and the Employee (and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;; and
(div) includes details of:
(i1) the terms of this Agreement the enterprise agreement that will be varied by the arrangement;; and
(ii2) how the arrangement will vary the effect of the terms;; and
(iii3) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(ivv) states the day on which the arrangement commences.
10.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 (e) The Employer or Employee may terminate the individual flexibility arrangement arrangement:
(i) by giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or or
(ii) if the Employer and Employee agree in writing — at any time.
Appears in 1 contract
Samples: Health Professionals and Pastoral Care Enterprise Agreement
Flexibility Arrangements. 10.1 The Employer 4.4.1 A Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary a term the effect of the terms of the Agreement if the arrangementif:
(a) only varies The Agreement deals with 1 or more of the effect offollowing matters:
(i) clause 47 Parental LeaveArrangements about when work is performed;
(ii) clause 44 Compassionate LeaveOvertime rates;
(iii) clause 46 Jury ServicePenalty rates;
(iv) Allowances;
(v) Leave loading; and
(b) The arrangement meets the genuine needs of the Employer Company and Employee in relation to one or more of the matter matters mentioned in clause 10.1Clause 4.4.1(a); and
(ac) above:
(i) The arrangement is genuinely agreed to by the Employer Company and the Employee; and
(ii) is not inconsistent with section 55 of the Fair Work Act.
10.2 4.4.2 The Employer Company must ensure that the terms of the individual flexibility arrangement:
(a) are Are about permitted matters under section 172 of the Fair Work FW Act;; and
(b) are Are not unlawful terms under section 194 of the Fair Work FW Act; and
(c) result Result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 4.4.3 The Employer Company must ensure that the terms of the individual flexibility arrangement:
(a) is Is in writing;; and
(b) includes Includes the name of the Employer Company and the Employee;; and
(c) is Is signed by the Employer Company and the Employee (and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;; and
(d) includes Includes details of:
(i) the The terms of this Agreement that will be varied by the arrangement;; and
(ii) how How the arrangement will vary the effect of the terms;; and
(iii) how How the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(ive) states States the day on which the arrangement commences.
10.4 4.4.4 The Employer Company must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 4.4.5 The Employer Company or Employee may terminate the individual flexibility arrangement arrangement;
(a) by giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or or
(b) if the Employer Company and Employee agree in writing to the termination – at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Flexibility Arrangements. 10.1 The Employer 4.5.1 A Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary a term the effect of the terms of the Agreement if the arrangementif:
(a) only varies The Agreement deals with 1 or more of the effect offollowing matters:
(i) clause 47 Parental LeaveArrangements about when work is performed;
(ii) clause 44 Compassionate LeaveOvertime rates;
(iii) clause 46 Jury ServicePenalty rates;
(iv) Allowances;
(v) Leave loading; and
(b) The arrangement meets the genuine needs of the Employer Company and Employee in relation to 1 or more of the matter matters mentioned in clause 10.1Clause 4.5.1(a); and
(ac) above:
(i) The arrangement is genuinely agreed to by the Employer Company and the Employee; and
(ii) is not inconsistent with section 55 of the Fair Work Act.
10.2 4.5.2 The Employer Company must ensure that the terms of the individual flexibility arrangement:
(a) are Are about permitted matters under section 172 of the Fair Work FW Act;; and
(b) are Are not unlawful terms under section 194 of the Fair Work FW Act; and
(c) result Result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 4.5.3 The Employer Company must ensure that the terms of the individual flexibility arrangement:
(a) is Is in writing;; and
(b) includes Includes the name of the Employer Company and the Employee;; and
(c) is Is signed by the Employer Company and the Employee (and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;; and
(d) includes Includes details of:
(i) the The terms of this Agreement that will be varied by the arrangement;; and
(ii) how How the arrangement will vary the effect of the terms;; and
(iii) how How the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(ive) states States the day on which the arrangement commences.
10.4 4.5.4 The Employer Company must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 4.5.5 The Employer Company or Employee may terminate the individual flexibility arrangement arrangement;
(a) by giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or or
(b) if the Employer Company and Employee agree in writing to the termination – at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Flexibility Arrangements. 10.1 The Employer 4.5.1 A Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary a term the effect of the terms of the Agreement if the arrangementif:
(a) only varies The Agreement deals with one or more of the effect offollowing matters:
(i) clause 47 Parental LeaveArrangements about when work is performed;
(ii) clause 44 Compassionate LeaveOvertime rates;
(iii) clause 46 Jury ServicePenalty rates;
(iv) Allowances;
(v) Leave loading; and
(b) The arrangement meets the genuine needs of the Employer Company and Employee in relation to one or more of the matter matters mentioned in clause 10.14.5.1(a); and
(ac) above:
(i) The arrangement is genuinely agreed to by the Employer Company and the Employee; and
(ii) is not inconsistent with section 55 of the Fair Work Act.
10.2 4.5.2 The Employer Company must ensure that the terms of the individual flexibility arrangement:
(a) are Are about permitted matters under section 172 of the Fair Work FW Act;; and
(b) are Are not unlawful terms under section 194 of the Fair Work FW Act; and
(c) result Result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 4.5.3 The Employer Company must ensure that the terms of the individual flexibility arrangement:
(a) is Is in writing;; and
(b) includes Includes the name of the Employer Company and the Employee;; and
(c) is Is signed by the Employer Company and the Employee (and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;; and
(d) includes Includes details of:
(i) the The terms of this Agreement that will be varied by the arrangement;; and
(ii) how How the arrangement will vary the effect of the terms;; and
(iii) how How the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(ive) states States the day on which the arrangement commences.
10.4 4.5.4 The Employer Company must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 4.5.5 The Employer Company or Employee may terminate the individual flexibility arrangement arrangement;
(a) by giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or or
(b) if the Employer Company and Employee agree in writing to the termination – at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Flexibility Arrangements. 10.1 (a) The Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary a term the effect of terms of the Agreement if the arrangementif:
(a) only varies the effect of
(i) clause 47 Parental Leavethe Agreement deals with 1 or more of the following matters:
(1) arrangements about when work is performed;
(2) overtime rates;
(3) penalty rates;
(4) allowances;
(5) leave loading; and
(ii) clause 44 Compassionate Leave
(iii) clause 46 Jury Service
(b) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matter matters mentioned in clause 10.1
(a) above:
paragraph (i) is genuinely agreed to by the Employer and Employee); and
(iiiii) is not inconsistent with section 55 of The Employer and the Fair Work Actindividual Employee must have genuinely made the agreement without coercion or duress.
10.2 (b) The Employer must ensure that the terms of the individual flexibility arrangement:
(ai) are about permitted matters under section 172 of the Fair Work Act;; and
(bii) are not unlawful terms under section 194 of the Fair Work Act; and
(ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 (c) The Employer must ensure that the terms of the individual flexibility arrangement:
(ai) is in writing;; and
(bii) includes the name of the Employer and the Employee;; and
(ciii) is signed by the Employer and the Employee (and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;; and
(div) includes details of:
(i1) the terms of this Agreement the enterprise agreement that will be varied by the arrangement;; and
(ii2) how the arrangement will vary the effect of the terms;; and
(iii3) how the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(ivv) states the day on which the arrangement commences.
10.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 (e) The Employer or Employee may terminate the individual flexibility arrangement arrangement:
(i) by giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or or
(ii) if the Employer and Employee agree in writing — at any time.
Appears in 1 contract
Samples: Nurses Enterprise Agreement
Flexibility Arrangements. 10.1 The Employer (a) An employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary a term the effect of terms of the Agreement if the arrangementif:
(a) only varies the effect of
(i) clause 47 Parental LeaveThe Agreement deals with 1 or more of the following matters:
A. Arrangements about when work is performed;
B. Overtime rates;
C. Penalty rates;
X. Xxxxxxxxxx;
E. Leave loading; and
(ii) clause 44 Compassionate Leave
(iii) clause 46 Jury Service
(b) The arrangement meets the genuine needs of the Employer employer and Employee in relation to 1 or more of the matter matters mentioned in clause 10.1paragraph (a)(i); and
(aiii) above:
(i) The arrangement is genuinely agreed to by Stramit and the Employer and Employee; and.
(iib) is not inconsistent with section 55 of the Fair Work Act.
10.2 The Employer Stramit must ensure that the terms of the individual flexibility arrangement:
(ai) are Are about permitted matters under section 172 of the Fair Work Act;
(bii) are Are not unlawful terms under section 194 of the Fair Work Act; and
(ciii) result Result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 The Employer (c) Stramit must ensure that the terms of the individual flexibility arrangement:
(ai) is Is in writing;
(bii) includes Includes the name of the Employer employer and the Employee;
(ciii) is Is signed by the Employer Stramit and the Employee (and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;
(div) includes Includes details of:
(i) the A. The terms of this the Agreement that will be varied by the arrangement;
(ii) how B. How the arrangement will vary the effect of the terms;
(iii) how C. How the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(ivv) states States the day on which the arrangement commences.
10.4 The Employer (d) Stramit must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by (e) Stramit or the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 The Employer or Employee may terminate the individual flexibility arrangement by arrangement:
(i) By giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or if or
(ii) If Stramit and the Employer and Employee agree in writing writing—at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Flexibility Arrangements. 10.1 The
9.1. An Employer and an Employee covered by this Enterprise Agreement may agree to make an individual flexibility arrangement to vary a term the effect of terms of the Agreement if the arrangementagreement if:
(a) only varies 9.1.1 the effect ofagreement deals with 1 or more of the following matters:
(i) clause 47 Parental Leavei. arrangements about when work is performed;
(ii) clause 44 Compassionate Leave. Overtime rates;
(iii) clause 46 Jury Service. Penalty Rates;
(b) iv. allowances;
v. leave loading; and
9.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matter matters mentioned in clause 10.1
paragraph (a) above:); and
(i) 9.1.3 the arrangement is genuinely agreed to by the Employer and Employee; and
(ii) is not inconsistent with section 55 of the Fair Work Act.
10.2 9.2. The Employer must ensure that the terms of the individual flexibility arrangement:
(a) 9.2.1 are about permitted matters under section 172 of the Fair Work Act;Act 2009; and
(b) 9.2.2 are not unlawful terms under section 194 of the Fair Work ActAct 2009; and
(c) 9.2.3 result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 9.3. The Employer must ensure that the terms of the individual flexibility arrangement:
(a) 9.3.1 is in writing;; and
(b) 9.3.2 includes the name of the Employer and the Employee;; and
(c) 9.3.3 is signed by the Employer and the Employee (and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;; and
(d) 9.3.4 includes details of:
(i) i. the terms of this the Enterprise Agreement that will be varied by the arrangement;; and
(ii) . how the arrangement will vary the effect of the terms;; and
(iii) . how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(iv) . states the day on which the arrangement commences.
10.4 9.4. The Employer must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 9.5. The Employer or Employee may terminate the individual flexibility arrangement arrangement:
9.5.1 by giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or or
9.5.2 if the Employer and Employee agree in writing – at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Flexibility Arrangements. 10.1 The (a) Notwithstanding any other provision of this Agreement, the Employer and an Employee individual employee covered by this Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement (IFA) to vary a term the effect of terms of the Agreement if the arrangementif:
(a) only varies the effect of
(i) clause 47 Parental Leavethe Agreement deals with one or more of the following matters:
(A) arrangements about when work is performed;
(B) arrangements for overtime and overtime rates; and/or,
(C) penalty rates.
(ii) clause 44 Compassionate Leave
(iii) clause 46 Jury Service
(b) the arrangement meets the genuine needs of the Employer and Employee employee in relation to one or more of the matter matters mentioned in clause 10.1paragraph (i); and,
(aiii) above:
(i) the arrangement is genuinely agreed to by the Employer and Employee; andindividual employee.
(iib) is not inconsistent with section 55 of the Fair Work Act.
10.2 The Employer must shall ensure that the terms of the individual flexibility arrangementIndividual Flexibility Arrangement:
(ai) are about permitted matters under section 172 of the Fair Work Act;Xxx 0000; and,
(bii) are not unlawful terms under section 194 of the Fair Work ActXxx 0000; and,
(ciii) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made.
10.3 (c) The Employer must shall ensure that the terms of the individual flexibility arrangementIndividual Flexibility Arrangement:
(ai) is in writing;; and,
(bii) includes the name of the Employer and the Employee;employee; and,
(ciii) is signed by the Employer and the Employee (employee and if the Employee employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;employee; and,
(div) includes details of:
(iA) the terms of this the Agreement that will be varied by the arrangement;; and,
(iiB) how the arrangement will vary the effect of the terms;; and,
(iiiC) how the Employee employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and,
(ivD) states the day on which the arrangement commences.
10.4 (d) The Employer must give shall provide an employee with the Employee opportunity to seek independent advice concerning the proposed arrangement prior to the arrangement being signed by the Employer and employee.
(e) The Employer shall provide the employee with a copy of the individual flexibility arrangement Individual Flexibility Arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 (f) The Employer or Employee employee may terminate the individual flexibility arrangement Individual Flexibility Arrangement:
(i) by giving not more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or or,
(ii) if the Employer and Employee employee agree in writing — at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Flexibility Arrangements. 10.1 11.1. The Employer Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary a term the effect of terms of the Agreement if the arrangementif:
(a) only varies the effect ofagreement deals with 1 or more of the following matters: • Arrangements about when work is performed in relation to hours of work; • Overtime rates; • Penalty rates; • Allowances; and, • Leave loading.
(i) clause 47 Parental Leave
(ii) clause 44 Compassionate Leave
(iii) clause 46 Jury Service
(b) the arrangement meets the genuine needs of the Employer Company and Employee in relation to 1 or more of the matter matters mentioned in clause 10.1paragraph a); and,
(ac) above:
(i) the arrangement is genuinely and mutually agreed to by the Employer Company and Employee; and
(ii) is not inconsistent with section 55 of the Fair Work Act.
10.2 11.2. The Employer Company must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act;FW Act 2009; and,
(b) are not unlawful terms under section 194 of the Fair Work ActFW Act 2009; and
(c) ,result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 11.3. The Employer Company must ensure that the terms of the any individual flexibility arrangement:
(a) is agreed in writing;; and,
(b) includes the name of the Employer Company and the Employee;; and,
(c) is signed by the Employer Company and the Employee (and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;; and,
(d) includes details of:
(i) : • the terms of this Agreement the enterprise agreement that will be varied by the arrangement;
(ii) ; and • how the arrangement will vary the effect of the terms;
(iii) ; and, • how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and,
(ive) states the day on which the arrangement commences.
10.4 11.4. The Employer Company must give to the Employee a copy of the individual flexibility arrangement within fourteen (14) daysdays after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 11.5. The Employer Company or Employee may terminate the individual flexibility arrangement arrangement:
a) by giving not no more than twenty-eight (28) days’ days written notice to the other Party party to the arrangement; or or,
b) if the Employer Company and Employee both agree in writing - at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Flexibility Arrangements. 10.1 The Employer 3.5.1 A Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary a term the effect of the terms of the Agreement if the arrangementif:
(a) only varies The Agreement deals with 1 or more of the effect offollowing matters:
(i) clause 47 Parental LeaveArrangements about when work is performed;
(ii) clause 44 Compassionate LeaveOvertime rates;
(iii) clause 46 Jury ServicePenalty rates;
(iv) Allowances;
(v) Leave loading; and
(b) The arrangement meets the genuine needs of the Employer Company and Employee in relation to 1 or more of the matter matters mentioned in clause 10.1Clause 4.7.1(a); and
(ac) above:
(i) The arrangement is genuinely agreed to by the Employer Company and the Employee; and
(ii) is not inconsistent with section 55 of the Fair Work Act.
10.2 3.5.2 The Employer Company must ensure that the terms of the individual flexibility arrangement:
(a) are Are about permitted matters under section 172 of the Fair Work Act;Act 2009; and
(b) are Are not unlawful terms under section 194 of the Fair Work ActAct 2009; and
(c) result Result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 3.5.3 The Employer Company must ensure that the terms of the individual flexibility arrangement:
(a) is Is in writing;; and
(b) includes Includes the name of the Employer Company and the Employee;; and
(c) is Is signed by the Employer Company and the Employee (and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;; and
(d) includes Includes details of:
(i) the The terms of this Agreement that will be varied by the arrangement;; and
(ii) how How the arrangement will vary the effect of the terms;; and
(iii) how How the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(ive) states States the day on which the arrangement commences.
10.4 3.5.4 The Employer Company must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 3.5.5 The Employer Company or Employee may terminate the individual flexibility arrangement arrangement;
(a) by giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or or
(b) if the Employer Company and Employee agree in writing to the termination – at any timeanytime.
Appears in 1 contract
Samples: Employment Agreement
Flexibility Arrangements. 10.1 The (a) Notwithstanding any other provision of this Agreement, the Employer and an Employee individual employee covered by this Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement (IFA) to vary a term the effect of terms of the Agreement if the arrangementi :
(a) only varies the effect of
(i) clause 47 Parental Leavethe Agreement deals with one or more of the following matters:
(A) arrangements about when work is performed;
(B) arrangements for overtime and overtime rates; and/or,
(C) penalty rates.
(ii) clause 44 Compassionate Leave
(iii) clause 46 Jury Service
(b) the arrangement meets the genuine needs of the Employer and Employee employee in relation to one or more of the matter matters mentioned in clause 10.1paragraph (i); and,
(aiii) above:
(i) the arrangement is genuinely agreed to by the Employer and Employee; andan individual employee.
(iib) is not inconsistent with section 55 of the Fair Work Act.
10.2 The Employer must shall ensure that the terms of the individual flexibility arrangementIndividual Flexi ility Arrangement:
(ai) are about permitted matters under section 172 of the Fair Work Act;Act 2009; and,
(bii) are not unlawful terms under nder section 194 of the Fair Work ActAct 2009; and,
(ciii) result in the Employee employee being better off overall than the Employee emp oyee would be if no arrangement was made.
10.3 (c) The Employer must shall ensure that the terms of the individual flexibility arrangementIndividual Flexibility Arrangement:
(ai) is in writing;; and,
(bii) includes the name of the Employer and the Employee;employ e; and,
(ciii) is signed by the Employer and the Employee (employee and if the Employee employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;employee; and,
(div) includes details of:
(iA) the terms of this the Agreement that will be varied by the arrangement;; and,
(iiB) how the arrangement will vary the effect of the terms;; and,
(iiiC) how the Employee employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and,
(ivD) states the day on which the arrangement commences.
10.4 (d) The Employer must give shall provide an employee with the Employee opportunity t seek independent advice concerning the proposed arrangement prior to the arrangement being signed by the Employer and employee.
(e) The Employer shall provide the employee with a copy of the individual flexibility arrangement Individual Flexibility Arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 (f) The Employer or Employee employee may terminate the individual flexibility arrangement Individual Flexibility Arrangement:
(i) by giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or or,
(ii) if the Employer and Employee employee agree in writing — at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Flexibility Arrangements. 10.1 The (a) An Employer and an Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary a term the effect of terms of the Agreement if the arrangementagreement if:
(a) only varies the effect of
(i) clause 47 Parental Leavethe agreement deals with 1 or more of the following matters:
(1) arrangements about when work is performed;
(2) overtime rates;
(3) penalty rates;
(4) allowances;
(5) leave loading; and
(ii) clause 44 Compassionate Leave
(iii) clause 46 Jury Service
(b) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matter matters mentioned in clause 10.1
(a) above:
paragraph (i) is genuinely agreed to by the Employer and Employee); and
(iiiii) is not inconsistent with section 55 of The Employer and the Fair Work Actindividual Employee must have genuinely made the agreement without coercion or duress.
10.2 (b) The Employer must ensure that the terms of the individual flexibility arrangement:
(ai) are about permitted matters under section 172 of the Fair Work Act;; and
(bii) are not unlawful terms under section 194 of the Fair Work Act; and
(ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 (c) The Employer must ensure that the terms of the individual flexibility arrangement:
(ai) is in writing;; and
(bii) includes the name of the Employer and the Employee;; and
(ciii) is signed by the Employer and the Employee (and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;; and
(div) includes details of:
(i1) the terms of this Agreement the enterprise agreement that will be varied by the arrangement;; and
(ii2) how the arrangement will vary the effect of the terms;; and
(iii3) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(ivv) states the day on which the arrangement commences.
10.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 (e) The Employer or Employee may terminate the individual flexibility arrangement arrangement:
(i) by giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or or
(ii) if the Employer and Employee agree in writing — at any time.
Appears in 1 contract
Samples: Maryvale Private Hospital Nurses Enterprise Agreement 2022
Flexibility Arrangements. 10.1 The An Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary a term the effect of terms of the Agreement if the arrangementif:
(a) only varies 23.1.1 the effect ofAgreement deals with one or more of the following matters: arrangements about when work is performed; overtime rates; penalty rates; allowances; leave loading;
(i) clause 47 Parental Leave
(ii) clause 44 Compassionate Leave
(iii) clause 46 Jury Service
(b) 23.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matter matters mentioned in clause 10.123.1.1; and
(a) above:
(i) 23.1.3 the arrangement is genuinely agreed to by the Employer and Employee; and
(ii) is not inconsistent with section 55 of the Fair Work Act.
10.2 . The Employer must ensure that the terms of the individual flexibility arrangement:
(a) 23.2.1 are about permitted matters under section 172 of the Fair Work ActAct 2009;
(b) 23.2.2 are not unlawful terms under section 194 of the Fair Work ActAct 2009; and
(c) 23.2.3 result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 . The Employer must ensure that the terms of the individual flexibility arrangement:
(a) 23.3.1 is in writing;
(b) 23.3.2 includes the name of the Employer and the Employee;
(c) 23.3.3 is signed by the Employer and the Employee (and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;
(d) 23.3.4 includes details of:
(i) : the terms of this the Agreement that will be varied by the arrangement;
(ii) ; and how the arrangement will vary the effect of the terms;
(iii) ; and how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(iv) 23.3.5 states the day on which the arrangement commences.
10.4 . The Employer Company must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies 14 days after it is agreed to. A copy of all flexibility arrangements made under this clause arrangement will be provided to the Union/Union Delegate/elected Employee Representative.
10.6 . The copy may be redrafted to omit information that would identify the Employee. The Employer or Employee may terminate the individual flexibility arrangement arrangement:
23.5.1 by giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or or
23.5.2 if the Employer and Employee agree in writing at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Flexibility Arrangements. 10.1 The Employer (a) An employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary a term the effect of terms of the Agreement if the arrangementif:
(a) only varies the effect of
(i) clause 47 Parental LeaveThe Agreement deals with 1 or more of the following matters:
A. Arrangements about when work is performed;
B. Overtime rates;
C. Penalty rates;
X. Xxxxxxxxxx;
E. Leave loading; and
(ii) clause 44 Compassionate Leave
(iii) clause 46 Jury Service
(b) The arrangement meets the genuine needs of the Employer employer and Employee in relation to one or more of the matter matters mentioned in clause 10.1paragraph (a); and
(aiii) above:
(i) The arrangement is genuinely agreed to by the Employer employer and Employee; and.
(iib) is not inconsistent with section 55 of the Fair Work Act.
10.2 The Employer employer must ensure that the terms of the individual flexibility arrangement:
(ai) are Are about permitted matters under section 172 of the Fair Work Act;
(bii) are Are not unlawful terms under section 194 of the Fair Work Act; and
(ciii) result Result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 (c) The Employer employer must ensure that the terms of the individual flexibility arrangement:
(ai) is Is in writing;
(bii) includes Includes the name of the Employer employer and the Employee;
(ciii) is Is signed by the Employer employer and the Employee (and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;
(div) includes Includes details of:
(i) the A. The terms of this the Agreement that will be varied by the arrangement;
(ii) how B. How the arrangement will vary the effect of the terms;
(iii) how C. How the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(ivv) states States the day on which the arrangement commences.
10.4 (d) The Employer employer must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 (e) The Employer employer or Employee may terminate the individual flexibility arrangement by arrangement:
(i) By giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or if or
(ii) If the Employer employer and Employee agree in writing writing—at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Flexibility Arrangements. 10.1 The Employer 4.4.1 A Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary a term the effect of the terms of the Agreement if the arrangementif:
(a) only varies The Agreement deals with 1 or more of the effect offollowing matters:
(i) clause 47 Parental LeaveArrangements about when work is performed;
(ii) clause 44 Compassionate LeaveOvertime rates;
(iii) clause 46 Jury ServicePenalty rates;
(iv) Allowances;
(v) Leave loading; and
(b) The arrangement meets the genuine needs of the Employer Company and Employee in relation to 1 or more of the matter matters mentioned in clause 10.1Clause 4.4.1(a); and
(ac) above:
(i) The arrangement is genuinely agreed to by the Employer Company and the Employee; and
(ii) is not inconsistent with section 55 of the Fair Work Act.
10.2 4.4.2 The Employer Company must ensure that the terms of the individual flexibility arrangement:
(a) are Are about permitted matters under section 172 of the Fair Work FW Act;; and
(b) are Are not unlawful terms under section 194 of the Fair Work FW Act; and
(c) result Result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 4.4.3 The Employer Company must ensure that the terms of the individual flexibility arrangement:
(a) is Is in writing;; and
(b) includes Includes the name of the Employer Company and the Employee;; and
(c) is Is signed by the Employer Company and the Employee (and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;; and
(d) includes Includes details of:
(i) the The terms of this Agreement that will be varied by the arrangement;; and
(ii) how How the arrangement will vary the effect of the terms;; and
(iii) how How the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(ive) states States the day on which the arrangement commences.
10.4 4.4.4 The Employer Company must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 4.4.5 The Employer Company or Employee may terminate the individual flexibility arrangement arrangement;
(a) by giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or or
(b) if the Employer Company and Employee agree in writing to the termination - at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Flexibility Arrangements. 10.1 The Employer 4.6.1 A Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary a term the effect of the terms of the Agreement if the arrangementif:
(a) only varies The Agreement deals with 1 or more of the effect offollowing matters:
(i) clause 47 Parental LeaveArrangements about when work is performed;
(ii) clause 44 Compassionate LeaveOvertime rates;
(iii) clause 46 Jury ServicePenalty rates;
(iv) Allowances;
(v) Leave loading; and
(b) The arrangement meets the genuine needs of the Employer Company and Employee in relation to one or more of the matter matters mentioned in clause 10.1Clause 4.6.1(a); and
(ac) above:
(i) The arrangement is genuinely agreed to by the Employer Company and the Employee; and
(ii) is not inconsistent with section 55 of the Fair Work Act.
10.2 4.6.2 The Employer Company must ensure that the terms of the individual flexibility arrangement:
(a) are Are about permitted matters under section 172 of the Fair Work FW Act;; and
(b) are Are not unlawful terms under section 194 of the Fair Work FW Act; and
(c) result Result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 4.6.3 The Employer Company must ensure that the terms of the individual flexibility arrangement:
(a) is Is in writing;; and
(b) includes Includes the name of the Employer Company and the Employee;; and
(c) is Is signed by the Employer Company and the Employee (and if the Employee is under the age 18 years of 18age, signed by a parent or guardian of the Employee;; and
(d) includes Includes details of:
(i) the The terms of this Agreement that will be varied by the arrangement;; and
(ii) how How the arrangement will vary the effect of the terms;; and
(iii) how How the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(ive) states States the day on which the arrangement commences.
10.4 4.6.4 The Employer Company must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 4.6.5 The Employer Company or Employee may terminate the individual flexibility arrangement arrangement;
(a) by giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or or
(b) if the Employer Company and Employee agree in writing to the termination – at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Flexibility Arrangements. 10.1 The Employer and an Employee may agree to make an individual flexibility arrangement to vary a term of the Agreement if the arrangement:
(a) only varies the effect of
(i) clause 47 51 Parental Leave
(ii) clause 44 48 Compassionate Leave
(iii) clause 46 50 Jury Service
(b) meets the genuine needs of the Employer and Employee in relation to the matter mentioned in clause 10.1
(a) above:
(i) is genuinely agreed to by the Employer and Employee; and
(ii) is not inconsistent with section 55 of the Fair Work Act.
10.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 172(1) of the Fair Work Act;
(b) are not unlawful terms under section 194 of the Fair Work Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) is in writing;
(b) includes the name of the Employer and the Employee;
(c) is signed by the Employer and the Employee (if the Employee is under the age of 18, signed by a parent or guardian of the Employee;
(d) includes details of:
(i) the terms of this Agreement that will be varied by the arrangement;
(ii) how the arrangement will vary the effect of the terms;
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(iv) states the day on which the arrangement commences.
10.4 The Employer must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 The Employer or Employee may terminate the individual flexibility arrangement by giving not more than twenty-eight (28) days’ written notice to the other Party to the arrangement; or if the Employer and Employee agree in writing at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Flexibility Arrangements. 10.1 The Employer 4.6.1 A Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary a term the effect of the terms of the Agreement if the arrangementif:
(a) only varies The Agreement deals with 1or more of the effect offollowing matters:
(i) clause 47 Parental LeaveArrangements about when work is performed;
(ii) clause 44 Compassionate LeaveOvertime rates;
(iii) clause 46 Jury ServicePenalty rates;
(iv) Allowances;
(v) Leave loading; and
(b) The arrangement meets the genuine needs of the Employer Company and Employee in relation to one or more of the matter matters mentioned in clause 10.1Clause 4.6.1(a); and
(ac) above:
(i) The arrangement is genuinely agreed to by the Employer Company and the Employee; and
(ii) is not inconsistent with section 55 of the Fair Work Act.
10.2 4.6.2 The Employer Company must ensure that the terms of the individual flexibility arrangement:
(a) are Are about permitted matters under section 172 of the Fair Work FW Act;; and
(b) are Are not unlawful terms under section 194 of the Fair Work FW Act; and
(c) result Result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 4.6.3 The Employer Company must ensure that the terms of the individual flexibility arrangement:
(a) is Is in writing;; and
(b) includes Includes the name of the Employer Company and the Employee;; and
(c) is Is signed by the Employer Company and the Employee (and if the Employee is under the age under18 years of 18age, signed by a parent or guardian of the Employee;; and
(d) includes Includes details of:
(i) the The terms of this Agreement that will be varied by the arrangement;; and
(ii) how How the arrangement will vary the effect of the terms;; and
(iii) how How the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(ive) states States the day on which the arrangement commences.
10.4 4.6.4 The Employer Company must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days14 days after it is agreed to.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 4.6.5 The Employer Company or Employee may terminate the individual flexibility arrangement by arrangement;
(a) By giving not no more than twenty-eight (28) days’ 28 days written notice to the other Party party to the arrangement; or if or
(b) If the Employer Company and Employee agree in writing to the termination - at any time.
Appears in 1 contract
Samples: Enterprise Agreement